问题 单项选择题

甲市某公司与乙市某厂签订购销合同,双方签订合同地在丙市,并约定在丁市履行合同,但合同尚未实际履行双方即发生争议。甲市某公司作为原告应向何地法院起诉

A.甲市人民法院

B.乙市人民法院

C.丙市人民法院

D.丁市人民法院

答案

参考答案:B

解析:[考点] 特殊地域管辖 《最高人民法院关于适用〈中华人民共和国民事诉讼法〉若干问题的意见》 (以下简称《民诉意见》)第18条规定:“因合同纠纷提起的诉讼,如果合同没有实际履行,当事人双方住所地又都不在合同约定的履行地的,应由被告住所地人民法院管辖。”因此,本案应以被告住所地乙市人民法院管辖。

单项选择题
单项选择题

Walking through my train yesterday, staggering from my seat to the buffet and back, I counted five people reading Harry Potter novels. Not children-these were real grown-ups reading children’s books,
Maybe that would have been understandable. If these people had jumped whole-heartedly into a second childhood it would have made more sense. But they were card-carrying grown-ups with laptops and spreadsheets returning from sales meetings and seminars. Yet they chose to read a children’s book.
I don’t imagine you’ll find this headcount exceptional. You can no longer get on the London Tube and not see a Harry Potter book. Nor is it just the film; these throwback readers were out there in droves long before the movie campaign opened.
So who are these adult readers who have made JK Rowling the second-biggest female earner in Britain (after Madonna) As I have tramped along streets knee-deep in Harry Potter paperbacks, I’ve mentally slotted them into three groups.
First come the Never-Readers, whom Harry has enticed into opening a book. Is this a bad thing Probably not. Writing has many advantages over film, but it can never compete with its magnetic punch. If these books can re-establish the novel as a thrilling experience for some people, then this can only be for the better. If it takes obsession-level hype to lure them into a bookshop. that’s fine by me. But will they go on to read anything else Again, we can only hope.
The second group are the Occasional Readers. These people claim that tiredness, work and children allow them to read only a few books a year. Yet now—to be part of the crowd, to say they’ve read it—they put Harry Potter on their oh-so-select reading list. It’s infuriating, and maddening. Yes, I’m a writer myself, currently writing difficult, unreadable, hopefully unsettling novels, but there are so many other good books out there, so much rewarding, enlightening, enlarging works of fiction for adults; and yet these sad cases are swept along by the hype, the faddism, into reading a children’s book.
The third group are the Regular Readers, for whom Harry is sandwiched between McEwan (英国当代作家) and Balzac, Roth (德国现代诗人) and Dickens. This is the real baffler—what on earth do they get out of reading it Why bother But if they call rattle through it in a week just to say they ve been there—like going to Longleat (朗利特山庄英国名胜) or the Eiffel Tower—the worst they’re doing is encouraging others.

The word "staggering" underlined in Paragraph 1 is closest in meaning to ______.

A.swag

B.stumble

C.astound

D.overwhelm